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HomeMy WebLinkAboutcoa.lu.rz.Eames Addition.30A-85 CASELOAD SUMMARY SHEET C,�/" 'Y City of Aspen DATE RECEIVED: •I S,/4gy' CASE NO. 30a -15- DATE RECEIVED COMPLETE : '� STAFF: PROJECT NAM : �% tilt IOX 0'44 -APPL ICANT: iLIi'ti.4 ,I: - 4 Applicant 7:dress/Ph/Io�ne : Mi �� ,!, MIC7// MLIM111�, /11I REPRESENTATIVE: ( UI 1 / 0 Representative Ail:ress/Phone: Type of Application: I. GMP/SUBDIV IS ION/PUD (4 step) Conceptual Submission ( $2,730 .00) Preliminary Plat ($1,640 .00 ) Final Plat ($ 820 .00) II . SUBDIV IS ION/PUD (4 step) Conceptual Submission ($1,900 .00) Preliminary Plat ($1,220 .00) /III. Final Plat ( $ 820.00) EXCEPTION/EXEMPTION/REZONING ( 2 step) ( $1,490 .00) IV . SPECIAL REVIEW ( 1 step) ($ 680 .00) Special Review Use Determination Conditional Use Other : P&Z CC MEETING DATE: PUBLIC HEARING : YES NO DATE REFERRED: INITIALS : REFERRALS : City Atty Aspen Co nso l . S. D. School District City Engineer Mtn. Bell Rocky Mtn. Nat. Gas Housing Dir. Parks Dept. State Hwy Dept (Glenwd) Aspen Water Holy Cross Electric StateHwy Dept (Gr.Jtn) City Electric Fire Marshall Bldg: Zoning/Inspectn Envir. Hlth . Fire Chief Other : FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Engineer Building Dept. Other : Other : FILE STATUS AND LOCATION : Aspen/Pith fljining Office 130 s '14; treet } 81611` aspen ; } s + 5:1 August 23 , 1985 Mr. Hans Cantrup Resort Equity Corp. P.O. Box 12384 Aspen, CO 81612 Dear Mr. Cantrup, I am in receipt of your application for rezoning of Lots 7-12 , Block 4 , Eames Addition. There are several additional pieces of information which I will need to certify this application as complete and to set it for a Planning Commission agenda. First , I request that you provide me with a copy of your option contract to purchase the lots in question. Having talked to both Peter Forsch and Art Daily, I am aware of the existence of this contract. Nevertheless, I must have proof in writing that you have a legal interest in this property . Furthermore , you must gain the concurrence of the owner of the property, the Aspen Skiing Company, by providing a letter in favor of the proposal signed by them. Second, you have submitted no information in support of your request . I attach Section 24-12 .5 (d) of the Aspen Municipal Code , which provides criteria for the review of a rezoning application. Please articulate the factual basis in support of your request by providing us with information on the relevant criteria . If you do not , it will be up to the Planning Office to address these criteria on its own, and your position may not be adequately conveyed to the Planning Commission until you come before them. For example, I am aware that there are commitments by the Aspen Skiing Company in the Aspen Mountain Ski Area Master Plan with respect to the current parking on the site. Please let us know how you propose to address these commitments if you are successful in rezoning this site. Please let me know if you need any assistance in responding to these requirements of the Code . I await your response in this regard. Sincerely, AS N/PITKIN PLANNING OFFICE Alan Richman , Planning and Development Director AR:nc � Recorded at o'clock ,3 1 5`31 PAGE 34.1 Reception No , � , BOOK p SILVIA DAVIS PITKIN COUNTY RECORDER DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS °C I C j ' Balderson, Bent and Cabell, a Joint Venture ( "Covenantor" ) for (, itself, successors and assigns, in consideration of the granting of revision to the 1985 conditional use application by the Planning and Y_ Zoning Commission dated April 22, 1986, and as an inducement to the granting thereof, hereby convenant with the City of Aspen, Pitkin County, Colorado, to restrict such property, and hereby does restrict such property as follows: 1. Covenantor is the owner of the following described property (the "Property" ) together with the improvements thereon situated in the City of Aspen, Pitkin County, State of Colorado: Lot 6 , 7, 8 and 9, Block 3 , Eames Addition to the City and Townsite of Aspen, Colorado, which property is also described as Lots 6, 7, 8 and 9 , Block 3 , Eames Addition to the City and Townsite of Aspen and also that part of Lots 6, 7, 8 and 9 within the City and Townsite of Aspen, County of Pitkin, State of Colorado. 2. In the event of any municipal improvement or improvements of the kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, become, in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desireable to the area of the subject property, Covenantor will make no objection to any special assessment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Covenantor further agrees to join, upon the City' s demand therefor, any improvement district formed for construction of such improvements ( including, without limitation, drainage, underground utilities, paving, curbs, gutters, sidewalks, street lights, etc. ) in the area of the property or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the for- mation of such a district. -1- Rangy 531 PaGE346 3. Covenantor warrants that this is the title owner of the subject property with full authority to restrict the property as aforesaid and that there are no persons or entities who have an interest in the sub- ject property who have not agreed and consented to the aforesaid restrictions. 4. None of the covenants contained herein shall be released or waived in any respect without the prior consent of the City of Aspen, reflected by resolution of the City Council of the City of Aspen. IN WITNESS WHEREOF, this declaration has been duly executed this day of , 198`7 . BALDERSON, BENT and CABELL, a Joint Venture By -21■ � Its /Pt - _ i STATE OF CQU::),\2t-ADO ss. COUNTY OF V\c ) The foregoing instrument was acknowledged before me this `jQ!"' day of Jar�acr , 1981 . by \--\4e.x\o-cac cAae.rsov, as Mrxn nqtl ran.a_y-^ of Balderson, Bent and Cabell. WITNESS MY HAND AND OFFICIAL SEAL. My-comm_ision expires: cp..- 10 - - /42A-e_e-g(..Z:?6,1-e; U B * Not ry Public 4. �\ c r . V- (�51 , o�, C-0 �1 1_01 a, Address -2- 4 � O� ASPEN 130 south galena street aspen , colorado 81611 303-925 -2020 LAND USE APPLICATION FORM DATE SUBMITTED 8-12-85 FEES NAME HANS CANTRUP ADDRESS P. 0. Box 12384, Aspen, CO 81612 PHONE 925-9365 NAME OF PROJECT Not applicable • PRESENT ZONING R-15 PUD(L) LOT SIZE 100 X 180' Southwest corner of Juan and South Aspen. Lots 7-12, Block 11, LOCATION EAMES ADDITION (indicate street address, lot and block number. May require legal description. A vicinity map is very useful. ) Vicinity map attached. CURRENT BUILD-OUT Vacant sq. ft. units That allowed by That allowed by PROPOSED BUILD-OUT proposed rezoning sq. ft. proposed rezoning units DESCRIPTION OF EXISTING USES Summer use as private tennis court, and winter use as parking lot (both are interim uses only pending redevelopment) . • DESCRIPTION OF LAND USE PROPOSAL That allowed by the contiguous L-2 lands to the north and south. This tract is part of the option tract consisting also of Lots 13-20 also in Block 11 and Lots 1-22, Block 6, all of the Eames Addition as shown in blue on Attachment "A". TYPE OF APPLICATION Rezoning APPLICABLE CODE SECTION (S) 24-12.5 PLAT AMENDMENT REQUIRED YES X NO DATE PRE-APPLICATION CONFERENCE COMPLETED ATTACHMENTS: 1. All applicants must supply Proof of Ownership in the form of a title insurance commitmE.:'L: or statement from an attorney indicating that he/she has research•.:d the title and verifies that the applicant is the owner of the propfrty (free of liens and eucumbrances.) 2. If the process requires public hearing, a Property Owner's List must be supplied which g 'es all owners within 300 feet in all directions in some cases and adjacent owners in some cases. 3. Number of copies require (by code and/or in pre-application conference. ) 4. Plat by Registered Surve 'r X Yes No I*2:-(4 ' 0 rif- co L WAGNER , . dititcpilliz 6 ! , . .. ,' i - L -s- 1 - - - - p 1 RE i U J e- - - Q �PA'R�� -- —--s 2 IMM.--IMO---- 1 5 6 7 1 2 3 4 5 6 7 8 ' _ 1234 0 89I0II cA _._ et . —�D AN —S ------ ---- ---------- - -r 123456789 II � rO ca 1 2 3 1 23456 _ _ 0 12 1314 15 16 17 1819k2Q2122 4 U LAwN ST. _ . - i H — 5 J 4 .JAN 5T. 6 I I 23456. 789101112 7 5 8 - 4 �---- 1 1 IO 6 "9/6,, 13 GILBERT ST 11 L 2 6"b---V<0 14 12 - J U N IATA ST. `� 16 14 • 17 15 q� IO ` 18 � 16 -:114 RD 19 I T SNARK ST. I I 20 r HILL- ST. `` 21 t 18 i2 N 19 22 NiZ _. MEMIIII Illint•py. 21 ^' 1:4411111 " / 3 20 eft-0104-1e:10 pliiiMil• SUMMIT ST. ` r..► 6 Ne-imi ` 47 24 1 18 a<1\45 • •■••-%. 1 [ 1{4 0 40 16 ®�/ 0 4 5 ' 15 Ca -0(111.1! Attachment "A" - Page 1 ij ` 1 1 1 1 1 I II I I i 1 i i I I • WAGNER -...... , 0 mm I 4 - cos in pill IIIfl x ( u,T, H,) ..... • ._ ..:..�..I — Q PAR K . _ - Z x --I cr) I INNW MN-=NNM NM..w.r • 1 5 6 7 1 2 3 4 5 6 7 8 • --- 1 2 3 4 • 5 9 1011 �■ (;° uu .� ' .��.......DEAN .�ST. �...�..�.. ......4...� ... .� - - - 123456789 II iniiiim���q c 12 3 1 2 3 4 5 6 al - 12 1314 15 16 17 1819202122 4 LAWN ST �, 5 - 4 --N -JUAN --sr r� H 1 T78910'11l2 1 7 5 8 - 4 /?/,5`-- 13 IO 6' L 2 4 14 GILBERT ST. II 4 � 13 J U N IATA ST. J - - 9 14 • 17 15 l 10 18 II -'14, cm 19 17 SNARK - ST. Ilia 20 HILL - ST.�•' 12 18 , �` 21 19 22 - - 111011 �i. 21 41 tc,j.:91 MAI d r 1,____..3 20 SUMMIT ST. ` Z`11 19 ;. r ‘ 4 7 24 18 1_7 _______,. . 1441,*),' "AeA-d4T'Ls•-. ‘ 40 16 , . . ve... \ 45 '''' 4;1,4,15 Ar_ Attachment "A" - Page 2 • • `" PITKIN COUNTY TITLE, Inc. Title Insurance Company 601 E.Hopkins Aspen,Colorado 81611 (303)925-1766 RE: ADJACENT PROPERTY OWNERS WITHIN 300 FEET OF SUBJECT PROPERTY: SUBJECT PROPERTY: LOTS 7 , 8 , 9 , 10, 11 and 12, BLOCK 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN THE FOLLOWING IS A LIST OF ADJACENT LAND OWNERS AS OBTAINED FROM THE MOST CURRENT TAX ASSESSORS ROLL FOR PIKTIN COUNTY, COLORADO. BLOCK 6 , EAMES ADDITION: ASPEN MOUNTAIN JOINT VENTURE C/0 HOLLAND & HART 600 E . MAIN ST. ASPEN, CO. 81611 ATTN: ART DAILY BLOCK 7 , EAMES ADDITION AND LOTS 1, 2 and 3 , BLOCK 8 , EAMES ADDITION: THE CITY OF ASPEN 130 SO. GALENA ST. ASPEN, CO. 81611 LOTS 4-11 inclusive, BLOCK 8, EAMES ADDITION: JOHN & FRANK DOLINSEK P.O. BOX 275 ASPEN, CO. 81612 LOTS 12-14 inclusive, BLOCK 8 , EAMES ADDITION : HOWARD B. AWREY P. O. BOX 248 ASPEN, CO. 81612 LOTS 1 and 2 , BLOCK 9 , EAMES ADDITION: JOCOBUS AND JOHANNA DePAGTER P. O. BOX 182 ASPEN, CO. 81612 ----CONTINUED---- ADJACENT OWNERS LIST )NTINUED LOTS 4-11 inclusive, BLOCK 9 , EAMES ADDITION: HOWARD B. AWREY P.O. BOX 248 ASPEN, CO. 81612 LOT 13 , BLOCK 9 , EAMES ADDITION: JACOBUS AND JOHANNA DePAGTER P. O. BOX 182 ASPEN, CO. 81612 LOTS 1 and 2 , BLOCK 11, EAMES ADDITION : JOHN W. BARBEE, HALLIE B. RUGHEIMER AND MARY K. BARBEE P. O. BOX 788 ASPEN, CO . 81612 LOTS 3-6 inclusive, BLOCK 11, EAMES ADDITION: AUSTIN, FRANCES & KLINGSMITH, TRUSTEE OF THE AUSTIN TRUST 810 WEST HIGHWAY 50 GUNNISON, CO. 81230 LOTS 7-12 inclusive, BLOCK 11 , EAMES ADDITION : ASPEN SKIING COMPANY P. O. BOX 1248 ASPEN, CO. 81612 LOTS 13-18 inclusive, BLOCK 11, EAMES ADDITION : ASPEN MOUNTAIN JOINT VENTURE C/O HOLLAND & HART 600 E. MAIN ST. ASPEN, CO. 81611 ATTN: ART DAILY TIMBERIDGE CONDOMINIUMS : 21 UNITS C/O RESORT MANAGEMENT SERVICES , INC . P. O. BOX 7026 ASPEN, CO. 81612 SOUTHPOINT CONDOMINIUMS : 29 UNITS SOUTHPOINT CONDOMINIUM ASSOCIATION 205 E. DURANT STREET ASPEN, CO . 81611 LIFT ONE CONDOMINIUMS 31 UNITS LIFT ONE CONDOMINIUM ASSOCIATION 131 E. DURANT ASPEN, CO. 81611 ADJACENT OWNERS LIS1 JNTINUED • PLEASE SEND AN ADDITIONAL NOTICE TO: SPAR CONSOLIDATED MINING AND DEVELOPMENT COMPANY 28 STATE STREET BOSTON, MASS . 02109 THE ABOVE LIST IS FURNISHED AS AN ACCOMODATION TO THE APPLICANT, IT IS NEITHER A GUARANTEE NOR CERTIFICATE OF TITLE , AND PITKIN COUNTY TITLE, INC. , SHALL NOT INCUR ANY FINANCIAL OBLIGATION FOR FURNISHING THIS REPORT AND THE LIABILITY HEREUNDER IS LIMITED TO THE AMOUNT OF OUR FEES . PITKIN COUNTY TITLE, INC. "BY: autho z s'gnature DATED THIS 14th DAY OF AUGUST 1985 . AFFIDAVIT HANS CANTRUP, being first duly sworn, states as follows: That I have a signed option contract for the purchase of Lots 7 through 12, Block 11 of the Eames Addition, Pitkin County, Colorado. ANS CANT .UP STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) /' Subscribed and sworn to before me this /J% day of August, 1985 by HANS CANTRUP. WITNESS my hand and official seal. My c9mmission expires: /�"�, )6,f'otary P'blic / Address: l ' cif/ g"-,t4- /A � __:(111/ 18/MISC2/8.11.85 ORDER NO . 5473 8573273 3 MEMORANDUM OF (JWN E R S H I P ACCOMMODATION-NO LIABILITY For t h e sole u s e Please d i r e c t c o r r e s p o n d a n c e o f HANS CANTRUP t o : PITKIN COUNTY TITLE, INC 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 DESCRIPTION : 925-1766 LOTS 7, 8, 9, 10, 11, and 12, BLOCK 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN STATE OF COLORADO Grantee in the last instrument apparently transferring ownership : ASPEN SKIING COMPANY, A COLORADO GENERAL PARTNERSHIP Trust d e e d s and mortgages apparently unreleased : NONE Liens and judgments ( a g a i n s t last g r a n t e e ) Apparently unreleased : NONE This information is for your sole use and benefit and is furnished a s an accommodation . The information h a s been taken f r o m our tract indices , without reference , to , or examination of , instruments which purport to affect the real p r o p e r t y . The information is neither guaranteed nor certified , and is not an Abstract o f Title , Opinion o f Title , nor at Guaranty of Title , and our l i a b i l i t y is limited to the amount of the fees . Date : AUGUST n, , 1985 at 8 : 00 A . M . PITKIN COUNTY T ITLE , INC BY Au t h ' zed s i g n a t u r e 4 • CITY •O� ASPEN 130 south galena street aspen , colorado 81611 303-925 -2020 LAND USE APPLICATION FORM DATE SUBMITTED 8-12-85 FEES N HANS CANTRUP ADDRESS P. 0. Box 12384, Aspen, CO 81612 PHONE 925-9365 NAME OF PROJECT Not applicable PRESENT ZONING R-15 PUD(L) LOT SIZE 100' X 180' Southwest corner of Juan and South Aspen. Lots 7-12, Block 11, LOCATION EAMES ADDITION • (indicate street address, lot and block number. May require legal description. A vicinity map is very useful. ) Vicinity map attached. CURRENT BUILD-OUT Vacant sq. ft. units That allowed by That allowed by PROPOSED BUILD-OUT proposed rezoning . sq. ft. proposed rezoning units DESCRIPTION OF EXISTING USES Summer use as private tennis 'court, and winter use as parking lot (both are interim uses only pending redevelopment) . • • DESCRIPTION OF LAND USE PROPOSAL That allowed by the contiguous L-2 lands to the north y and south. This tract is part of the option tract consisting also of Lots 13-20 also in Block 11 and Lots 1-22, Block 6, all of the Eames Addition as shown in blue on Attachment "A". TYPE OF APPLICATION • Rezoning APPLICABLE CODE SECTION (S) 24-12.5 PLAT AMENDMENT REQUIRED YES X NO DATE PRE-APPLICATION CONFERENCE COMPLETED • ATTACHMENTS: 1. All applicants must supply Proof of Ownership in the form of a title insurance commitme.:'� or statement from an attorney indicating that he/she has research...d the title and verifies that the applicant is the owner of the property (free of liens and eucumbrances. ) 2. If the process requires public hearing, a Pro erty Owner's List must be supplied which g •es all owners within 300 feet in all directions in some cases and adjacent owners in some cases. 3. Number of copies require (by code and/or in pre-application conference. ) 4. Plat by Registered Surve 'r X Yes No r � , ' I �� safa,, e ,`4. t- 5,90&al dae).4 ,Aet *,,,4, -ems - 605,6// (&Z9) 925-dcPOO Y��#(8i ) <925-,9,99s9 October 3, 1985 Mr. Alan Richman Director, Planning Department City of Aspen 130 S. Galena Aspen, CO 81611 Re: Rezoning Application of Lots 7-12, Block 4, Eames Addition Dear Alan: Please accept this letter as waiver on the part of the applicant of the Planning and Zoning Commission requirement of a hearing during the month of October on his rezoning request. The applicant does request that under the unified procedure of the Planning Office for properties in the City of Aspen that the rezoning question be considered simultaneously with the growth management application. We would like to follow this procedure because if your office has available the overall development plan at the time of application for a growth management allocation it will much more graphically show the public benefit and necessity for rezoning of the subject tract which is bordered on both the north and south property lines by land now zoned L-2. Would you kindly confirm the acceptability of this procedure either by indicating on a copy of this letter or on a separate letter that the above method of handling this zoning change request is acceptable. V- , ruly yours, O 4/.,/,..Y - Iouglas . Allen DPA/pkm